Oklahoma Attorney General Drew Edmondson has told state lawmakers that they can't use money from the state's Tobacco Settlement Endowment Trust Fund, the Tulsa World reported Sept. 22.

Lawmakers wanted to use funds from the trust fund to pay for the All Kids Act, a child health bill, but were rebuffed by Edmondson in an opinion requested by the board of the trust fund. "Legislation which would grant the Legislature the power to direct the expenditures from the trust fund or which would allow the Legislature to direct the Board of Directors to spend the earnings from the trust fund for specific programs or purposes would be inconsistent with the Constitution as it would restrict the constitutional power of the Board of Directors," the opinion stated.

The legislation passed, but the funding provision was removed.

"This attorney general's opinion wasn't about the bill," said trust director Tracey Strader. "It was more about the issue of the authority to direct expenditures of the endowment. Once the language was in the bill, that brought up the issue."

Oklahoma voters created the trust fund in 2000; the fund receives 75 percent of the state's payments under the nationwide tobacco settlement and currently has an endowment of $382 million. Under the state constitution, money in the fund can only be spent on certain functions, including smoking prevention and health care.